(Circulated by authority of
the Leader of the Australian Democrats,
Senator Andrew Bartlett)

NATIONAL ANIMAL WELFARE
BILL 2003

General Outline

Objectives
of the legislation

The primary
objective of the Bill is to identify animal welfare as a national
issue of concern, and to institute comprehensive and proactive
legislation that promotes the responsible care and use of animals
and strives to protect animals from acts of cruelty.

The Bill will
provide the means by which the care and use of animals can be
coordinated, monitored and reviewed nationally, with the
establishment of a National Animal Welfare Authority that has the
power to do whatever is necessary for or in connection with, or
reasonably incidental to, the performance of its functions. In
providing such means, the Bill aims to:

· achieve a
reasonable balance between the welfare needs of animals and the
interests of people who use animals for a livelihood;

· reflect human
community attitudes and expectations as to how animals should be
treated;

· acknowledge
advances in the scientific knowledge of animal biology, psychology
and behaviour.

The Bill also
seeks to regulate the use of animals for all private, commercial,
institutional, educational and government research and
experimentation to ensure the use of animals for such purposes are
accountable, open, ethical, humane and responsible.

Reasons for
the Bill

This Bill, in
essence, is an extension of the extraordinary work of the Senate
Select Committee on Animal Welfare. The Bill expands on the
legislative reforms established by that Committee, and brings into
focus the major advances in our knowledge and understanding of
animal biology, psychology and behaviour.

In 1982, the
then Leader of the Australian Democrats, Senator Don Chipp, Senator
to Victoria, initiated and founded the Senate Select Committee on
Animal Welfare, with Senator George Georges, ALP Senator to
Queensland, in the chair—a role he accomplished with
distinction.

Over the course
of the Committee’s lifetime, it pursued significant and
varied animal welfare issues and concerns under its terms of
reference.

The
committee produced 10 substantiative reports during its 8 years.
The more influential of these reports were: Export of Live Sheep
from Australia (1985), Dolphins and Whales in Captivity (1985),
Animal Experimentation (1989), and Intensive Livestock Production
(1990). The Australian Democrats acknowledge that the gains made,
at this time, were substantial, but twenty years on it’s
clear that animal welfare needs to, once again, become a
Commonwealth priority. At worst, animal welfare, as an issue, needs
to be reviewed; at best it needs its own legislation.

Animal
welfare legislation has been in existence, in one form or other, at
a state and territorial level for many decades. Changes, progress
and review of state and territorial animal welfare legislation have
been very slow, indeed. It took Queensland 15 years to finalise its
amendments to its 75-year-old legislation, and now it has the most
progressive legislation in Australia.

The
vagaries of each state’s and territory’s animal welfare
legislation, their application and implication make it virtually
impossible for there to be any expeditious advancements in animal
health, commercial productivity and economic growth—a
situation that could be improved immeasurably through the
introduction of a national approach on animal welfare. Diverse and
incongruent state and territorial legislation minimise the
opportunity for creating binding codes and practices, reduce
knowledge-sharing, render comprehensive monitoring impossible,
ensure uniform standards remain anything but, and put comparative
state-by-state reviews out of the question. But the greatest loss
is in the area of statistical gathering, for without this there
will never be a national database on animal experimentation, and
neither will it be possible to establish a national tissue
bank.

Much is
jeopardised for the sake of maintaining state and territorial
political and administrative integrity. Despite most states and
territories having revised or enacted their respective animal
welfare legislation, it largely remains reactive. Emphasis is on
punishing acts of cruelty to animals after the event rather than
striving to prevent them.

State and
Territorial Animal Welfare Legislation

The
current animal welfare legislation in the Australian states and
territories is as follows:

ACT
Animal Welfare Act 1992

NT
Animal Welfare Act 1999

NSW
Prevention of Cruelty to Animals Act 1979

QLD
Animal Care and Protection Act 2001

SA
Prevention of Cruelty to Animals Act 1985

TAS
Animal Welfare Act 1993

VIC
Prevention of Cruelty to Animals Act 1986

WA
Animal Welfare Act 2002

NSW has
the oldest legislation of the states and territories—over
twenty years old—it is in desperate need of a review and
overhaul, and highlights the need for a national
approach.

Individual
state and territory legislation is further complicated by the fact
that their animal welfare legislation has a large criminal
component within it but, strangely, it is the only legislation that
is not driven by their respective state or territory police forces.
Instead, we see animal welfare legislation largely being enforced
by the RSPCA Inspectorate, with some states and territories also
granting special constable status to officers within a state
Department of Primary Industries or an equivalent.

Despite
growing community interest and concern for animals, state and
territorial governments largely continue to ignore or push aside
animal welfare legislation. It is only in recent years that these
governments have started to recognise their responsibilities to
animals, and that it needs to be broader than just
enforcement.

The RSPCA
Inspectorate currently consists of approximately 75 full-time and
75 honorary or part-time inspectors Australia-wide. A number that
is surely inadequate considering Australia’s extraordinarily
high number of domestic animals and production livestock, and
knowing that Australia is a vast and challenging continent at the
best of times—least of all when there are periods of drought
and floods or a combination of both.

Unremittent
drought together with the associated economic down turn has put
enormous and unbearable pressures on many rural and regional
communities in recent times. This has, in turn, had dire
consequences for some domestic animals and production livestock. It
is obviously difficult to provide feed, shelter, comfort and
protection in an emotionally and financially impoverished
community.

The
physical conditions exacerbate a difficult situation; some
previously competent and caring individuals suddenly find
themselves incapable of providing the necessities to care, protect
and sustain their and their family’s life, let alone protect
and care for their animals, which results in unintentional neglect.
Others, in contrast, consciously and maliciously seek to unburden
their emotional and financial torment by inflicting cruelties and,
sometimes, death upon an animal, whether it be their own, someone
else’s or wildlife. And it is not only confined to regional
and rural areas; the incidents and gravity of animal abuse
incidents in metropolitan areas are, also, on the
increase.

The
application and enforcement of animal welfare legislation is
vitally important in the protection and caring of animals. But the
application and enforcement, if and when these incidents are
reported, does vary significantly. Variation in the application of
animal welfare legislation largely comes down to RSPCA inspectors,
Department of Primary Industry (DPI) officers and special
constables pursuing enforcement in accordance with their own
individual state and territorial legislation. And some leave much
to be desired.

ACT

The
Animal Welfare Act 1992 provides for inspectors to be
appointed in the public service, including the person holding the
office of Animal Welfare Authority and his/her delegates, police
officers, and “…anyone else appointed in writing by
the chief executive.” It also provides for public servants
who are a veterinary surgeon to be “authorised
officers”.

The RSPCA
(ACT) Inc has an inspectorate service to ensure community
compliance with the Animal Welfare Act 1992 . The Act gives
RSPCA inspectors the power, when necessary, to enter premises,
seize and animal and lay charges on a person which could result in
fines up to $10,000, a year’s imprisonment, or both.
The RSPCA receives funding from the ACT
Government to enforce the Animal Welfare Act 1992 on its
behalf.

In 2002 funding was approximately $145 000, or 12% of the RSPCA
budget.

NT

Animal
welfare inspectors are appointed under the Animal Welfare
Act 1999 and include RSPCA representatives, members of
the Northern Territory Police Force, and Department of Business,
Industry and Resource Development stock inspectors and
veterinarians. The RSPCA receives a grant of $55 000 from the
Territory Government.

NSW

RSPCA NSW
is named in the Prevention of Cruelty to Animals Act 1979 as
a charitable organisation, which may then be approved for law
enforcement purposes by its officers. In each of the last two
years, RSPCA NSW has received a grant of $211 000 for its
inspection service.

QLD

After 75
years of enforcing the Animals Protection Act , the RSPCA now
continues its enforcement role under the Animal Care and
Protection Act 2001 . RSPCA inspectors and a taskforce of DPI
inspectors have powers to investigate and prosecute in suspected
cases of animal cruelty.

The
Animals Protection Act was created in 1925 by the Queensland
legislature, and RSPCA inspectors became responsible for
investigating breaches of and enforcing the Act. For many years,
the Inspectorate was assisted by ‘honorary inspectors’,
volunteers who dedicated much of their lives to investigating
suspected cases of cruelty. Honorary inspectors no longer operate
in Queensland under the Animal Care and Protection Act
2001 .

SA

All inspectors are nominated by the Royal
Society for the Prevention of Cruelty to Animals (S.A.) and
appointed by the Minister. The annual payment to the RSPCA for
services under the Prevention of Cruelty to Animals Act 1985
is about $500 000.

Last year
the total budget for animal welfare services by the Department for
Environment and Heritage, including public awareness and
information services relating to animal welfare, the provision of
external advisory services, and administration and enforcement of
the Prevention of Cruelty to Animals Act 1985 , was $864
000.

TAS

The
Minister may appoint officers who have powers of entry and
enforcement under the Animal Welfare Act 1993 , or
inspectors for animal research institutes. Codes of Practice
apply to animal research, and animal welfare standards apply
generally.

VIC

The
Prevention of Cruelty to Animals Act 1986 identifies
inspectors as being full-time officers from the RSPCA who have been
approved by the Minister, with additional support coming from
police officers and other Ministerial approved persons. In the last
two years the Inspectorate has received grants of $100 000 p.a.,
now representing 6% of the cost of the Inspectorate, compared to
28% in 1985/1986.

WA

Under the
Animal Welfare Act 2002 , the Director General is to appoint
as general inspectors those members of the staff of the RSPCA
nominated by the RSPCA, as well as various members of the public
service. Codes of practice may be made by regulation. The Western
Australian animal welfare codes of practice are based on national
codes.

All of
these codes have been endorsed and are supported by the relevant
livestock industries in Western Australia.

The
RSPCA-WA employs nine full-time RSPCA Inspectors, five in the
metropolitan area and three based in country centres. The Society
also has the assistance of some 47 Shire Rangers around the State
who have been appointed as agents and Special Constables for the
RSPCA. There is no State Government subsidy for the
RSPCA-WA.

There are 21
Australian Model Codes of Practice for the Welfare of Animals,
prepared by the Animal Welfare Committee, within the Agriculture
and Resource Management Council of Australia and New Zealand
(ARMCANZ) system, and one specifically aimed at animal
experimentation—the Australian Code of Practice for the
Care and Use of Animals for Scientific Purposes , published by
the National Health and Medical Research Council.

Most states
have implemented the model codes either by adopting them outright
or by adopting a local version of them; all of the states also have
codes that reflect local fauna and industries within their
jurisdictions.

â¢
The ACT has 18 codes, of which the only national code is the
Australian Code of Practice for the Care and Use of Animals for
Scientific Purposes . All the others are ACT initiated, though
they cover similar topics to the model codes and may in large part
be identical.

â¢
In the Northern Territory there are, currently, 6 codes based on
the model codes, but more are likely following completion of a
review.

â¢
New South Wales has 19 codes, 8 of which are the model codes.

â¢
Queensland has 20 codes, with 18 of them being the model codes.

â¢
South Australia, also, has 20 codes, of which 17 are the model
codes.

â¢
Tasmania has 13 codes, 11 of which are based on the model codes,
with 2 developed locally.

â¢
Victoria has 33 codes, 15 of which are based on the model
codes.

â¢
Western Australia has 23 codes, with16 based on the model
codes.

Adoption or
modification of one or more of the Australian Model Codes of
Practice for the Welfare of Animals by the state and territory
governments could be seen as a willingness by the states and
territories to accept a broad national approach to animal welfare,
certainly in relation to livestock and feral livestock. It could be
argued that a precedent for a national approach on animal welfare
has been established.

1. ‘Queensland
code of practice for the welfare of animals in circuses’,
published by the department, 2003 .

Part
2—Voluntary Codes of Practice

2. ‘Australian
code of practice for the welfare of cattle in beef feedlots’,
in section 2.2, appendix 2.2A of the ‘National guidelines for
beef cattle feedlots in Australia’, 2nd edition, prepared for
the Standing Committee on Agriculture and Resource Management,
published by CSIRO, 1997, SCARM Report No. 47.

3. ‘Australian
model code of practice for the welfare of
animals—Cattle’, prepared for the Standing Committee on
Agriculture, Animal Health Committee, published by CSIRO, 1992, SCA
Report Series No. 39.

4. ‘Australian
model code of practice for the welfare of animals—Land
transport of cattle’, prepared for the Standing Committee on
Agriculture and Resource Management, published by CSIRO, 1999,
SCARM Report No. 77.

5. ‘Model
code of practice for the welfare of animals—Animals at
saleyards’, prepared for the Standing Committee on
Agriculture, Animal Health Committee, published by CSIRO, 1991, SCA
Technical Report Series No.31.

7. ‘Model
code of practice for the welfare of animals—Farmed
buffalo’, prepared for the Standing Committee on Agriculture
and Resource Management, Animal Health Committee, published by
CSIRO, 1995, SCARM Report Series No. 52.

8. ‘Model
code of practice for the welfare of animals—Feral livestock
animals: Destruction or capture handling and marketing’,
prepared for the Standing Committee on Agriculture, Animal Health
Committee, published by CSIRO, 1991, SCA Technical Report Series
No. 34.

9. ‘Model
code of practice for the welfare of animals—Husbandry of
captive-bred emus’, prepared for the Standing Committee on
Agriculture and Resource Management, published by CSIRO, 1999,
SCARM Report No. 69.

10. ‘Model
code of practice for the welfare of animals—Intensive
husbandry of rabbits’, prepared for the Standing Committee on
Agriculture, Animal Health Committee, published by CSIRO, 1991, SCA
Technical Report Series No. 33.

11. ‘Model
code of practice for the welfare of animals—Land transport of
horses’, prepared for the Standing Committee on Agriculture
and Resources Management, published by CSIRO, 1998, SCARM Report
No. 62.

12. ‘Model
code of practice for the welfare of animals—Land transport of
pigs’, prepared for the Standing Committee on Agriculture and
Resource Management, published by CSIRO, 1997, SCARM Report No.
63.

13. ‘Model
code of practice for the welfare of animals—Land transport of
poultry’, prepared for the Standing Committee on Agriculture
and Resource Management, published by CSIRO, 1998, SCARM Report No.
65.

14. ‘Model
code of practice for the welfare of animals—Livestock at
slaughtering establishments’, prepared for the Standing
Committee on Agriculture and Resource Management, published by
CSIRO, 2001, SCARM Report No. 79.

15. ‘Model
code of practice for the welfare of animals—Pigs’,
2 nd edition, prepared for the Standing Committee on
Agriculture and Resource Management, published by CSIRO, 1998,
SCARM Report No. 66.

16. ‘Model
code of practice for the welfare of animals—The camel
(Camelus dromedarius)’, prepared for the Standing Committee
on Agriculture and Resource Management, published by CSIRO, 1997,
SCARM Report No. 61.

17. ‘Model
code of practice for the welfare of animals—The farming of
deer’, prepared for the Standing Committee on Agriculture,
Animal Health Committee, published by CSIRO, 1991, SCA Technical
Report Series No. 30.

18. ‘Model
code of practice for the welfare of animals—The farming of
ostriches’, prepared for the Primary Industries Standing
Committee, unpublished.

19. ‘Model
code of practice for the welfare of animals—The goat’,
prepared for the Standing Committee on Agriculture, Animal Health
Committee, published by CSIRO, 1991, SCA Technical Report Series
No. 32.

20. ‘Model
code of practice for the welfare of animals—The sheep’,
prepared for the Standing Committee on Agriculture and Resource
Management, Animal Health Committee, published by CSIRO, 1991,
SCARM Report Series No. 29.

South
Australian Code of Practice for the Care and Management of Animals
in the Pet Trade , Animal
Welfare Unit, Department of Environment, Heritage and Aboriginal
Affairs (1999).

Model Code
of Practice for the Welfare of Animals, The Destruction or Capture,
Handling and Marketing of Feral Livestock
Animals ,
Australian Agricultural Council (1991), as amended from time to
time.

Model Code
of Practice for the Welfare of Animals, Animals at
Saleyards ,
Australian Agricultural Council (1991), as amended from time to
time.

Model Code
of Practice for the Welfare of Animals, Livestock and Poultry at
Slaughtering Establishments (Abattoirs, Slaughterhouses and
Knackeries) ,
Australian Agricultural Council (1986), as amended from time to
time.

South
Australian Code of Practice for the Welfare of Animals in
Circuses , Office
of Animal Welfare, Department for Environment, Heritage and
Aboriginal Affairs (1997).

Model Code
of Practice for the Welfare of Animals, Air Transport of
Livestock Australian
Agricultural Council (1986), as amended from time to
time.

Model Code
of Practice for the Welfare of Animals, Sea Transport of
Livestock Australian
Agricultural Council (1987), as amended from time to
time.

Model Code
of Practice for the Welfare of Animals, The
Camel ,
Agriculture and Resource Management Council of Australia and New
Zealand (1997), as amended from time to time.

South
Australian Code of Practice for the Husbandry of Captive
Birds , Office
of Animal Welfare, Department of Environment, Heritage and
Aboriginal Affairs (1999).

Australian
Model Code of Practice for the Welfare of Animals,
Cattle ,
Australian Agricultural Council (1992), as amended from time to
time.

Model Code
of Practice for the Welfare of Animals, The Farming of
Deer ,
Australian Agricultural Council (1991), as amended from time to
time.

Model Code
of Practice for the Welfare of Animals, Intensive Husbandry of
Rabbits ,
Australian Agricultural Council (1991), as amended from time to
time.

Model Code
of Practice for the Welfare of Animals, The
Goat ,
Australian Agricultural Council (1991), as amended from time to
time.

Model Code
of Practice for the Welfare of Animals, Land Transport of
Horses Agriculture
and Resource Management Council of Australia and New Zealand
(1998), as amended from time to time.

Australian
Model Code of Practice for the Welfare of Animals, Road Transport
of Livestock ,
Australian Agricultural Council (1983, see Gazette 24 April
1986 p. 1035), as amended from time to time.

Australian
Model Code of Practice for the Welfare of Animals, Rail Transport
of Livestock ,
Australian Agricultural Council (1983, see Gazette 24 April
1986 p. 1051), as amended from time to time.

Australian
Model Code of Practice for the Welfare of Animals, The
Pig ,
Australian Agricultural Council (1983, see Gazette 24 April
1986 p. 1017), as amended from time to time.

Model Code
of Practice for the Welfare of Animals, Land Transport of
Pigs ,
Agriculture and Resource Management Council of Australia and New
Zealand (1997), as amended from time to time.

Model Code
of Practice for the Welfare of Animals, Land Transport of
Poultry ,
Agriculture and Resource Management Council of Australia and New
Zealand (1998), as amended from time to time.

Model Code
of Practice for the Welfare of Animals, The
Sheep ,
Australian Agricultural Council (1991), as amended from time to
time.

Boarding establishments for cats and dogs: Code of practice for the
operation of boarding establishments

Breeding and rearing cats and dogs: Code of practice for the
operation of breeding and rearing establishments

Cattle: Code of accepted farming practice for the welfare of
cattle

Deer:
Code of accepted farming practice for the welfare of
deer

Dogs:
Code of practice for the debarking of dogs

Code of
practice for the operation of dog training
establishments

Emus: Code
of practice for the husbandry of captive emus

Exhibition
of animals: Code of practice for the public display and exhibition
of animals

Film
animals: Code of practice for the welfare of film animals

Goats:
Code of practice for the welfare of goats

Horses: Code of
accepted farming practice for the welfare of horses

Code of
practice for the welfare of horses competing at bush
races

Code of
practice for the land transport of horses

Code of
practice for the welfare of horses at horse hire
establishments

Hunting:
Code of practice for the welfare of animals in hunting

Pet shops:
Code of practice for the operation of pet shops

Pigs:
Code of accepted farming practice for the welfare of
pigs

Code of
practice for the land transport of pigs

Poultry:
Code of accepted farming practice for the welfare of
poultry

Code of
practice for the land transport of poultry

Rabbits:
Code of practice for the intensive husbandry of rabbits

Rodeos:
Code of practice for the welfare of rodeo and rodeo school
livestock

Saleyards:
Code of practice for the welfare of animals at saleyards

Scientific
procedures:

Code of
practice for the use of animals from municipal pounds in scientific
procedures.

Code of
practice for the care and use of animals for scientific procedures
Australian code of practice for the care and use of animals for
scientific purposes

Sheep:
Code of accepted farming practice for the welfare of sheep

Shelters
and pounds for dogs and cats: Code of practice for the management
of dogs and cats in shelters and pounds

Traps:
Code of practice for the use of small steel-jawed traps

Tethering
animals: Code of practice for the tethering of animals

Transportation
(see horses, pigs, poultry for specific codes): Code of practice
for the welfare of animals during transportation

Wildlife:
Code of practice for the welfare of wildlife during
rehabilitation

WA

Australian
Rules of Racing

Buffalo:
Code of practice for farmed buffalo in Western Australia

Camels:
Code of practice for camels in Western Australia

Cattle:
Code of practice for cattle in Western Australia

Cattle
transportation: Code of practice for the transportation of cattle
in Western Australia

Circuses:
Code of practice for the conduct of circuses in Western
Australia

Deer: Code
of practice for farming deer in Western Australia

Emus: Code
of practice for keeping emus in Western Australia

Exhibited
Animals: Code of practice for exhibited animals in Western
Australia

Feral
animals: Code of practice for the capture and marketing of feral
animals in Western Australia

Goats:
Code of practice for goats in Western Australia

Horse
transportation: Code of practice for the transportation of horses
in Western Australia

Pigs: Code
of practice for pigs in Western Australia

Pig
transportation: Code of practice for the transportation of pigs in
Western Australia

Pigeons:
Code of practice for pigeon keeping and racing in Western
Australia

Poultry:
Code of practice for poultry in Western Australia

Poultry
transportation: Code of practice for the transportation of poultry
in Western Australia

Rabbits:
Code of practice for keeping rabbits in Western
Australia

Rodeos:
Code of practice for the conduct of rodeos in Western
Australia

Rules of
Harness Racing 1999

Saleyards:
Code of practice for animals at saleyards in Western
Australia

Sheep:
Code of practice for sheep in Western Australia

Sheep
transportation: Code of practice for the transportation of sheep in
Western Australia

Clearly
there is a need for proactive intervention—and it is the
belief of the Australian Democrats that this is best provided at a
national level.

A national
approach on animal welfare needed

Commonwealth
legislation would ensure consistency, expediency and efficiency.
For the first time, states and territories would be able to engage
in mutually beneficial transactions that would have an immediate
impact on Australia’s ever expanding international trade and
treaties involving domestic, livestock and wildlife. Wherever there
are inconsistencies there are unnecessary complications, confusion,
duplications and inefficiencies, none of which are conducive to
improved productivity and economic growth.

The Australian
Democrats’ National Animal Welfare Bill 2003 would provide
all those involved with animals and animal by-products a
substantial foundation on which to build a workable and flexible
approach to animal welfare nationally.

On a state and
territorial level, the Bill would operate concurrently with state
and territorial laws, but where the state or territory laws were
deemed more stringent by the Commonwealth Minister, those
provisions would prevail over those of the Bill.

In theory,
these measures would make it easier for the Bill to leap the
procedural and bureaucratic barrier, particularly if support for
the establishment of the National Animal Welfare Authority is
forthcoming—a regulatory authority with overarching
responsibility for the legislation, its application and
implication.

National
Animal Welfare Authority

The Authority
should comprise 13 members—all of whom are to be appointed by
the Minister. Three members will represent the Commonwealth; 2
members will represent commercial producers or users of animals and
animal products (one intensive and one extensive); 2 members will
represent animal welfare NGOs; 2 members will represent community
groups; and 4 other members, and of which 2 of whom will be
scientists; and 1 an animal ethicist.

The functions
and powers of the National Animal Welfare Authority are:

(a) the
coordination, monitoring and review of Commonwealth
responsibilities for animal welfare;

(b) functions and
powers conferred on it by or under the Act (other than this
section);

(c) functions and
powers conferred on it by or under other laws of the
Commonwealth;

(d) functions and
powers that are, with the consent of the Ministerial Council,
conferred on the Authority by writing signed by the
Minister.

It would also
have the power to ‘do whatever is necessary for or in
connection with, or reasonably incidental to, the performance of
its functions’ but it must perform its functions and exercise
its powers in accordance with the Agreement, and is to comply in
all aspects with the provisions of that Agreement. As is
appropriate for the success of such an Authority, it would have
far-reaching functions and powers.

National
Animal Welfare Authority Inspectorate

The most
invaluable undertaking of the Authority would be the appointment of
national animal inspectors, many of whom would be drawn from the
existing RSPCA inspectorate and the officers within the various
Departments of Agriculture and Primary Industries, and external to
these entities, such as Animal Liberation. The appointment of
animal inspectors, with functions and powers that go across state
and territorial borders, ensures the Bill is not a toothless tiger.
Each and every one of the inspectors would have the necessary means
by which they could circumvent out-of-date and irrelevant legal
obstacles. The focus of the Bill, the Authority and the inspectors
is animals—their welfare, protection and rights.

Authority
inspectors require the following powers and need to exercise these
powers to fulfil the requirements under the Act:

(1) Inspectors may
undertake random inspections of animals;

(2) A person with
an animal in their care must permit inspection of the animal as
well as of housing, foodstuffs and equipment intended for use with
the animal.

(3) The animal
keeper must be advised of the inspection before or on the occasion
of the visit;

(4) An inspector
may:
(a) inform the animal keeper that he or she has 12 hours in which
to take action or their animals will be seized; or
(b) immediately seize animals; or
(c) humanely kill an animal, or take any other necessary steps to
relieve an animal from suffering; or
(d) administer analgesics to animals.

Animals
used in research and experimentation

Animals
used for scientific, educational and research purposes, for
example, would benefit greatly from a proactive national approach
to animal welfare. Community concerns for animals used in this area
are on the increase with the expansion of biotechnology research;
and it is incumbent upon the Commonwealth to address these
concerns. But aside from the National Health and Medical Research
Council’s (NHMRC) Animal Welfare Code of Conduct ,
which is only applicable to NHMRC funded projects there is no means
by which animals subjected to such use can be readily managed,
monitored and reviewed.

The
Australian Democrats’ National Animal Welfare Bill
2003 emphasizes the monitoring of all animals used for
scientific, educational and research purposes, irrespective of how
the research is funded. Much would be achieved by extending the
application of the National Health and Medical Research
Council’s Animal Welfare Code of
Conduct —including meeting many of the community’s
concerns about the issues of transparency and accountability in
research and experimentation.

Currently,
much of the research involving animals used for scientific and
research purposes, falls under the ‘commercial in
confidence’ category, which denies the community the
opportunity to scrutinise the processes and practices employed. The
Australian Democrats’ National Animal Welfare Bill
2003 seeks to address these issues and provides an appropriate
legislative framework for investigating and dealing with this and
other animal welfare issues at a national level.

Duty of
care

The Bill gives
consideration to: breach of duty of care, cruelty offences,
prohibited conduct (including unreasonable abandonment, prohibited
release, baits or harmful substances, and debarking operations),
prohibited events (such as cockfights and dogfights), regulated
conduct (such as obligation to exercise closely confined dogs, and
animals used to feed another animal), live exports (including a
limit on live exports, duties of the veterinary surgeons and
liability), import of animal products, labelling of animal
products, animals used for experimental purposes (including
establishment of a data bank, licences, acquisition of animals for
research and pain management), funding for animal research, and the
administrative provisions relating to the Authority administration
and staff.

Animal
databanks

The legislation
seeks to establish a databank of all experiments using animals
carried out in both Australia and overseas, and another dedicated
to alternatives to animal research and experimentation.

Recognition
of animals contribution and sacrifice

This
legislation is about recognising the importance, contribution and
sacrifice of animals; not one of us can do without them. We are
beholden to them, just as they are to us, but we, as a species,
unlike them, are in a position of power and influence.
Let’s use that power and influence wisely, let’s
provide animals with greater protection and care for the duration
of their lives.

The
successful passage of the Australian Democrats’ legislation
would demonstrate to the Australian community and our international
trading partners that this country and its peoples are committed to
meeting community and market obligations in relation to animal
welfare issues.

In the
21 st Century, our mores and our collective community
conscience demand better welfare, protection and rights for all
animals.

This clause
provides for the Act to be cited as the National Animal Welfare Act
2003.

Clause 2:
Commencement

Clause 2
provides that the Act commences on a day on which this Act receives
the Royal Assent. In accordance with subsection (3) the remaining
provisions of this Act to commence on a day to be fixed by
proclamation.

Should the
provisions referred to in subsection (2) not commence under that
subsection within the period of 6 months on the day on which this
Act receives the Royal Assent, they commence on the first day after
the end of that period.

Clause 3:
Purposes of the Act

This clause
details the purposes of the Act. The Act is designed to:

· promote the responsible care and use of animals by
persons involved in their care or use;

· ensure the development and maintenance of proper
standards of care that:

— achieve a reasonable balance between the
interests of people who depend on animals for their livelihood and
the welfare of animals; and

— recognise improvements in scientific
knowledge on animal biology and changes in community expectations
about practices involving animals;

· protect animals from unjust, unnecessary or
unreasonable pain; and

· ensure that the use of animals for scientific
purposes is conducted in an accountable, open and responsible
manner.

These purposes are designed to reflect a positive
and proactive approach to animal care and protection rather than
simply a reactive approach of dealing with acts of cruelty after
they have occurred, although dealing with acts of cruelty after
they have occurred is still an essential part of the
Bill.

Clause 4: How purposes are to be primarily
achieved

Clause 4 details the way in which the purposes of
the Act are to be primarily achieved. They are:

· providing for regulations about codes of practice
for animal welfare;

— Codes are currently widely used and are
generally accepted as a way of describing acceptable and
unacceptable standards for animal care and use within a number of
animal industries. Under the Bill, codes may be adopted as a way of
defining minimum acceptable standards for animal care and use in a
variety of areas;

· allowing a regulation to require compliance with a
code of practice;

— The Bill does not require all codes of
practice adopted to be complied with. However, in some areas of
animal use, the real or perceived animal welfare risk to the animal
is significant enough to warrant requiring compliance with
standards set out in a code;

· imposing a duty of care on persons in charge of
animals;

— The concept of a duty of care is essential
to promoting a proactive approach to animal care and protection.
The duty of care is designed to ensure that animal owners/users
recognise their responsibilities towards animals;

· prohibiting certain conduct in relation to
animals;

— The community generally regards certain
conduct in relation to animals as unacceptable. This includes
conduct that may generally be categorised as cruel as well as
certain specific practices and procedures that the community
regards as inherently cruel or unnecessary;

· requiring a person using an animal for scientific
purposes to comply with the Australian Code of Practice for the
Care and Use of Animals for Scientific Purposes (‘the
scientific use code’);

— The scientific use code is a national code
and aims to ensure the humane care of animals used for a broad
range of scientific purposes;

· providing for the registration of certain users of
animals for scientific purposes;

— This reflects the Commonwealth Senate
Select Committee into Animal Welfare (1989) recommendation that, as
a means of controlling the use of animals for scientific

purposes, research institutions using animals
should be licensed;

· providing for the appointment of authorised
officers to monitor compliance with compulsory code requirements
and the scientific use code;

· providing for the appointment of inspectors to
investigate and enforce the Act—The Bill increases the
classes of persons who may be appointed as inspectors to
investigate and enforce the legislation; and

· providing for the establishment of the Animal
Welfare Authority to advise the Minister on animal welfare issues
and the implementation of this Act.

Clause 5:
Application of the Act

This clause provides that the
provisions of Part 5 together with the provisions of this Act will
apply in Australia and in each external territory and, in turn,
gives effect to a prescribed treaty or international agreements,
and relates to matters external to Australia and those of
international concern.

Without prejudice to their effect because of subsection (1)
or (2), the provisions of this Act apply to the welfare of animals
and dealings in respect of animals:

· that are owned by, or in the
possession or control of, the Commonwealth, or of an authority or
instrumentality of the Commonwealth or of a Commonwealth company;
or

· that are supplied to the
Commonwealth, or to an authority or instrumentality of the
Commonwealth or to a Commonwealth company; or

· that are owned by, or are in the
possession or control of, a trading corporation;
or

· that are owned by, or are in the
possession or control of, a financial corporation; or

· that are owned by, or in the
possession or control of, a foreign corporation; or

· that are situated in a state and/or
territory or owned by or in the possession or control of a resident
of a state and/or territory; or

· that are the subject of, or used in,
the course of trade or commerce:

(i) between Australia and a place outside Australia;
or

(ii) among the States; or

(iii) within a Territory, between a State and a
Territory or between 2 Territories.

By
force of this subsection, this Act, as it applies to a trading
corporation or a financial corporation, has effect in relation to
things done, or authorised or caused to be done, by the corporation
in the course of its trading activities or its financial
activities.

In this section:

financial
corporation means a
body corporate that is, for the purposes of paragraph 51(xx) of the
Constitution, a financial corporation formed within the limits of
the Commonwealth.

trading
corporation means a
body corporate that is, for the purposes of paragraph 51(xx) of the
Constitution, a trading corporation formed within the limits of the
Commonwealth.

Clause 6: Saving of certain state and territory
laws Clause 6
makes provision for this Act not to affect the operation of a law
of a state or of a territory that makes provision with respect to
the welfare of animals and is capable of operating concurrently
with this Act.

In
the event that state provisions are deemed more stringent by the
Commonwealth Minister, those state provisions shall
prevail.

Clause 7: Act to bind the
Crown

Clause 7 binds the Crown in all its capacities, and there
is nothing in this Act that renders the Crown liable to be
prosecuted for an offence.

Part
2—National Animal Welfare Authority

Clause 8:
National Animal Welfare Authority

This clause refers to the establishment of the
National Animal Welfare Authority; it is the regulatory body for
animal welfare in Australia.

Clause 9: Legal status of the
Authority

Clause 9 identifies the Authority as a body
corporate, it has a seal and may sue and be sued in its corporate
name. All courts, judges and people acting judicially must take
judicial notice of the imprint of the seal of the Authority appearing on a document, and are to presume
that the document was duly sealed.

Clause 10: Constitution of the
Authority

This clause identifies the composition of
the Authority:

· 3 members representing the
Commonwealth; and

· 2 members representing commercial
producers or users of animals and animal products; and

· 2 members representing animal
welfare NGOs; and

· 2 members representing community
groups; and

· 4 other members, at least 2 of whom
are scientists; and

· 1 member who is an
ethicist

The members are to be appointed by the Minister.
The Chairperson of the authority is to be elected by the members of
the authority. This position is not to be held for more than 12
months by the same person in any 2-year period.

Clause 11: Terms and conditions of
appointment

This clause describes the appointment of members,
which will be for a period (not longer than 3 years) as specified
in the instrument of appointment—members are eligible for
reappointment. A member holds office on the terms and conditions
(if any) in relation to matters not covered by this Act as are
determined by the Minister.

Clause
12: Advisory committees

This clause provides for the Authority to
establish national advisory committees as determined by the
Authority, or at the request of the Minister or the Ministerial
Council.

Clause 13: Functions and powers of
Authority

Clause 13 describes the Authority having the
following functions and powers:

· the coordination, monitoring and
review of Commonwealth responsibilities for animal
welfare;

· functions and powers conferred on it
by or under this Act (other than this section);

· functions and powers conferred on it
by or under other laws of the Commonwealth;

· functions and powers that are, with
the consent of the Ministerial Council, conferred on the Authority
by writing signed by the Minister.

The
Authority has power to do whatever is necessary for or in
connection with, or reasonably incidental to, the performance of
its functions. The Authority is required to perform its functions
and exercise its powers in accordance with the Agreement (so far as
applicable) and is to comply in all respects with the provisions of
the Agreement that are applicable to it.

Clause 14: Reports and advice to be provided to
the Ministerial Council

This clause explains that the Authority is to
provide to the Ministerial Council such reports relating to the
performance or exercise of the Authority’s functions or
powers as the Ministerial Council directs.

And that the Ministerial Council may, by
resolution, direct the Authority to provide advice about any matter
related to the functions or powers of the Authority or of the
Ministerial Council.

Part
3—Inspection

Division
1—General

Clauses 15: Appointment of
Inspectors

Under clause 15 the
Authority may appoint national inspectors; an inspector is
responsible for matters specified by the Authority.

The Chairperson of the Authority is responsible for the issuing of
identity cards containing a recent
photograph of the inspector and identifying the holder of the card
as an inspector for the purposes of this Act.

Clause 16: Qualifications
of Inspectors

This clause
sets out the minimum requirements for the appointment of
Inspectors. National Inspectors are required to have a sound
knowledge of animal husbandry and animal welfare. Minimum academic
requirement is the completion of a prescribed course of training in
animal welfare or an equivalent course of study.

There is a necessity for
the Inspectors to have a thorough knowledge of the operation of
this Act and the regulations, and the codes of practice approved by
the Minister under this Act. And Inspectors can only be appointed
to such positions if the individual is a public service officer or
employee, or employed by the Royal Society for the Prevention of
Cruelty to Animals, or included in a class of individuals declared
under a regulation to be an approved class of person for this
section.

Clause 17: Powers of
Inspectors—General powers

Under this clause the
appointed Inspectors may exercise any of the following powers in
order to fulfil the objects of this Act.

Inspectors have the power
to undertake random inspections of animals. And a person with an
animal in their care must permit inspection of the animal as well
as of the housing, foodstuffs and equipment intended for use with
the animal.

It is essential for
inspection advice to be submitted to the animal keeper on or before
the commencement of the inspection.

Inspectors may inform an
animal keeper that he or she has 12 hours in which to take action
or their animal(s) will be seized, or immediately seize animals, or
that the animal will be humanely killed, or take any other
necessary steps to relieve an animal from suffering, including the
administering of analgesics to the animal(s) when such intervention
is required.

Division
2—Entry to places other than vehicles

Subdivision
1—Power to enter places other than vehicles

Clauses 18:
Power of entry

Serious animal
welfare problems can develop when animals are used for commercial
purposes because many such uses take place on private property and
away from scrutiny. To protect the welfare of animals used for such
purposes, inspectors are provided with the powers of entry that are
essential if the Bill is to meet its stated purpose of protecting
animals from unjust, unnecessary or unreasonable pain and to gather
evidence of animal welfare offences that would otherwise be hidden
or destroyed. Inspectors are permitted to enter without warrant in
the following limited circumstances:

· to ensure
compliance with an animal welfare direction;

· where an animal
has sustained a severe injury that would otherwise remain untreated
for an unreasonable period of time;

· where there is
imminent risk of death or injury to an animal because of an
accident or animal welfare offence; and

· where any delay
in entering will result in the concealment or destruction of
evidence or the death of an animal that is being used in an
offence.

Clause 18 also
provides power to enter the non-residential parts of a place where
an animal is suffering because of lack of food or water, or because
the animal is entangled and the person in charge of the animal does
not appear to be at the place. Entry is only permitted in these
circumstances for the duration of providing relief to the animal
and the issuing of a notice advising the occupier of the entry and
providing the inspector’s contact details.

It is
considered that the need to assist animals that have been severely
injured, to protect animals from death or injury and to seize
evidence where it would be otherwise destroyed or concealed is
sufficient and appropriate justification to override the
fundamental legislative principle that power to enter premises
should be conferred only with a warrant issued by a judicial
officer.

Clause 19:
Limited entry to provide relief to an animal

Inspectors are
provided with limited powers under clause 19 so as to provide
relief to an animal at a place (other than a vehicle or part of the
place at which a person resides or apparently resides.) The
inspector can enter if they reasonably suspect that the animal is
suffering from lack of food or water or is entangled.

In these
circumstances, the inspector may enter and stay at the place only
for the period of time necessary to provide food or water, or
disentangle the animal. This clause is designed to address
situations where a neighbour reports a dog is tied up in a backyard
without food or water, and it is obvious that the owners have gone
away for a number of days.

Where the
inspector exercises this power, they must leave a notice
identifying the inspector, the action taken and when the action was
taken before leaving the place. This information will enable the
person in charge of the animal to take action if the person
considers that the action taken by the inspector was
unreasonable.

Subdivision
2—Procedure for entry without warrant

Clause 20:
Procedure for entry with consent

This clause
outlines the procedures an inspector must follow when seeking
consent to enter a place.

Clause 21:
Procedure for other entries without warrant

This section
applies if the inspector is intending to enter a place other than
with consent of its occupier, where it is a public place or with a
warrant. In those circumstances the inspector must, if the occupier
is present, before entering, making a reasonable attempt
to:

· display the
inspector’s card;

· tell the person
of the entry; and

· tell the person
the inspector is permitted to enter the place without the
person’s consent or a warrant.

Subdivision
3—Warrants

Clause 22:
Application for warrant

This clause
makes provision for an inspector to apply to a magistrate or a
justice of the peace (qualified) for a warrant to enter a place.
Under this provision, a magistrate or a justice of the peace
(qualified) may refuse to consider an application until an
inspector provides them with the information he or she requires.
The application cannot be made to a magistrate or a justice of the
peace (qualified) who is employed by the same department or a
person that employs the inspector.

Clause 23:
Issue of warrant

This provision
sets out the conditions under which the magistrate or a justice of
the peace (qualified) may issue a warrant and specifies the
information that must be stated in the warrant.

Claude 24:
Special warrants

The special
warrant clause makes provision for and outlines the procedures by
which an inspector can apply for a warrant by telephone, facsimile,
radio or another means of communication because of urgent or
special circumstances.

Clause 25:
Warrants—procedure for entry

This outlines
the procedures that an inspector must follow or attempt to follow
prior to entering a place under a warrant. However, the procedures
need not be complied with if immediate entry is required to ensure
the effective execution of the warrant is not
frustrated.

Division
3—Entry to vehicles

Subdivision
1—Power to enter vehicles

Clause 26:
Power of entry

Provision has
been made for the entry to vehicles. Transportation of animals is
an area where there are many animal welfare problems and concerns,
such as overcrowding and excessive distances without sufficient
water, food or rest. This clause provides inspectors with
appropriate powers to address these issues.

The clause
empowers an inspector to enter a vehicle:

· with the
consent of the person in charge of the vehicle; or

· if the person
in control of the vehicle has been given an animal welfare
direction and the entry is made at a time stated in the direction
to check compliance with the direction.

An inspector
may also enter a vehicle if the inspector reasonably suspects the
vehicle is being or has been used in the commission of an animal
welfare offence or contains evidence of an offence.

Finally,
an inspector may enter the vehicle if the inspector reasonably
suspects that there is an imminent risk of death of or injury to an
animal in the vehicle (such as a dog locked in a car suffering heat
exhaustion) or it is necessary to relieve an
animal of pain or prevent an animal suffering pain in a
vehicle.

Clause 27:
Procedure for entry without consent if person in control or
occupier present

This clause
applies where an inspector is intending to enter a vehicle under
clause 26 other than with the consent of the person in control of
the vehicle. Before entering, the inspector must, if the person in
charge of the vehicle or the occupier of the vehicle is present,
make a reasonable attempt to:

· display the
inspector’s identity card;

· tell the person
the purpose of the entry;

· seek the
consent of the person to the entry; and

· tell the person
the inspector is permitted to enter the place without the
person’s consent.

If the person
in control of the vehicle is not present at the vehicle, the
inspector must take reasonable steps to advise the person or any
registered operator of the vehicle of the inspector’s
intention to enter.

The inspector is
not required to take any of the above steps if the inspector
reasonably believes it may frustrate or otherwise hinder an
investigation under the Act or the purpose of the intended
entry.

Subdivision
2—Powers to support entry

Clause 28:
Power to stop vehicle that may be entered

This clause
provides an inspector with the power to stop a moving vehicle or to
prevent a vehicle from moving that the inspector intends to
enter.

Clause 29:
Failure to comply with stop signal

Failure to
comply with a stop signal given by an inspector will be seen as an
offence under clause 29. It will not be an offence if the person
had a reasonable excuse such as that immediately obeying would have
endangered the person or someone else and the signal was complied
as soon as practicable. Maximum penalty is 100 penalty units
($11,000 at current rates).

Clause 30:
Power to require help to enter from person in charge

This clause
empowers an inspector, where the inspector may enter a vehicle
under this Part, to require the person in control of the vehicle to
give the inspector reasonable help to enter the vehicle (an entry
requirement). For example, where a vehicle is locked and the person
in control of the vehicle has the keys, the inspector may require
the person to unlock the vehicle.

When making an
entry requirement the inspector must warn the person in charge of
the vehicle that it is an offence not to comply.

Clause 31:
Failure to comply with entry requirement

Failure to
comply with an entry requirement given by an inspector will be seen
as an offence under clause 31, unless the person has an appropriate
and reasonable excuse.

Division
4—Powers for entry to all places

Clause 32:
Application of Division

This Division
applies where an inspector may enter or has entered a place under
the Part (Powers of Inspector) other than under the limited entry
power to provide relief to an animal (clause 19). If the inspector
enters a place to get the occupier’s consent to enter the
premises (clause 21), this Division will only apply to the
inspector if the consent is given or the entry otherwise
authorised.

Clause 33:
General powers

Clause 33
specifies the powers available to an inspector who has entered a
place for the purposes enforcing compliance with the legislation.
The inspector may:

· enter the place
using reasonable force;

· search any part
of the place;

· open, using
reasonable force, any container or any cage, pen, yard or other
structure confining an animal so as to examine the animal,
structure or other thing;

· take a
reasonable measures to relieve an animal’s pain (for example,
feed, water or untether an animal);

· inspect,
examine, photograph or film an animal, document or any other thing
at the place;

· make copies of
a document at the place;

· take into or
onto the place any persons, equipment or materials the inspector
reasonably requires for exercising any powers in relation to the
place;

· take samples
for testing (for example, to obtain evidence of dehydration or poor
food quality);

· identify an
animal, for example, by ear tagging or paint branding (this may be
necessary to indicate which animals require treatment or are to be
seized); and

· take any other
necessary step to exercise a power under the clause, such as
mustering, unloading or yarding cattle to allow them to be
examined.

Clause 34:
Power to require reasonable help

An
inspector may require reasonable help from a person at the place
being entered into by the inspector, such as requiring the
production of a document or the provision of information under
clause 34.

When making a
help requirement the inspector is under a duty to warn the person
that it is an offence not to comply with the requirement without a
reasonable excuse.

Clause 35:
Failure to comply with help requirement

It is an
offence under clause 35 not to comply with a help requirement given
by an inspector under clause 34 unless the person has an
appropriate and reasonable excuse. The clause provides that it will
be a reasonable excuse for a person not complying with a help
requirement if complying might tend to incriminate the person.
However, this does not apply if the requirement is to produce a
document required to be kept under the Act or another Act where the
document relates to the transportation of animals. An example of
this type of document is a vehicle logbook required to be kept
under transport legislation. The logbook may provide details of the
animals being transported (such as, where the animals were loaded
and the period they have been travelling) which is important to an
inspector’s investigation.

Clause 36:
Power to require a person in control of a vehicle to take
action

This clause
gives an inspector, in order for the inspector to exercise a power
under this Act, the power to require a person in charge of a
vehicle to:

· bring the
vehicle, or an animal or thing in it, to a stated place (for
example, a cattle truck driver may be required to bring the truck
to unloading facilities); or

· remain in
control of the vehicle, animal or other thing at the place for a
reasonable period.

This power is
called an ‘action requirement’. The power is needed to
allow an inspector to properly examine animals that are being
transported. When making the action requirement the inspector must
give the person an offence warning.

Clause 37:
Failure to comply with action requirement

It is an
offence under clause 37 not to comply with an ‘action
requirement’ ordered by an inspector under clause 36, unless
the person has a reasonable excuse.

Clause 38:
Compliance

This clause
states that the provisions of the Act must be complied with and
sets out the consequences of failure to comply.

Division
5—Seizure and forfeiture

Subdivision
1—Powers of seizure

Clause 39:
General power to seize evidence

An inspector
who enters a place under this part may seize an animal or thing at
the place:

· if the
inspector reasonably suspects the thing is evidence of an offence
against the Act;

· if the
inspector reasonably believes it is necessary to prevent it being
hidden, lost or destroyed, or used to commit, continue or repeat
the offence;

· which the
inspector reasonably believes has just been used in committing an
offence against the Act; or

· with the
written consent of a person the inspector reasonably believes is
the person in charge of an animal or the owner or person in
possession of the thing. In this case, the owner may also consent
to transfer ownership of the animal or thing to the state or a
prescribed entity.

If the entry to
the place by the inspector was by consent of a person, the
inspector may seize a thing at the place only if the seizure is
consistent with the purpose of entry as told to the
person.

The intent of
the clause is to limit seizure to only those circumstances where it
is regarded as necessary.

Clause 40:
Seizure of evidence under warrant

An inspector
who enters a place under a warrant may seize the evidence for which
the warrant was issued.

Clause 41:
Seizure for welfare of the animal

This clause
enables an inspector who has entered a place under this part to
seize an animal in order to protect its welfare. Seizure can be
made when the inspector reasonably believes that the animal is
under imminent risk of death or injury, requires veterinary
treatment or is experiencing undue pain and the welfare of the
animal requires its immediate seizure.

This power can
be used in circumstances, such as where a prohibited event like a
dogfight, is taking place or where an animal is being beaten or
tortured. Other circumstances where this power may be required
include where an animal’s owners are absent and cannot be
contacted to arrange urgent veterinarian treatment or the
animal’s owners are refusing to provide urgently required
treatment.

An inspector
may also seize an animal if the person in charge of it has
contravened or is contravening an animal welfare direction or court
order about the animal.

Clause 42:
Seizure of property subject to security

An inspector under clause 42 may seize an animal
or thing under this subdivision or exercise powers in relation to
it despite the fact that another person has a lien or security over
it. The seizure does not, however, affect the person’s lien
or security against a person other than the inspector or a person
acting for the inspector.

Subdivision 2—Powers to support
seizure

Clause 43: Direction to person in
charge

This clause provides an inspector with power to
give a direction to the person in charge or owner or person in
possession of an animal or thing to be seized (a “seizure
direction”). The direction can be to take the animal or thing
to a reasonable place or places or, if necessary, to remain in
control of it at the stated place for a reasonable time. For
example, the direction may require animals that were being
transported, to be taken to a secure pound-yard to enable treatment
to be provided during the seizure.

The direction must be in the approved form or, if
that is not practicable, a notice in the approved form must be
given as soon as practicable.

Clause 44: Failure to comply with seizure
direction

It is an offence under clause 44 not to comply
with a seizure direction given by an inspector under clause
43.

Clause 45: Powers for seized things

Clause 45 details the powers available to
inspectors for seized animals or things. The inspector
may:

· move it or take an animal to a place the inspector
believes is appropriate;

· leave it at place of seizure but restrict access
to it by, for example, branding, marking sealing or tagging it or
sealing the entrance to a room where the thing is stored to show
access to it is restricted;

· make equipment inoperable;

· arrange for veterinary treatment or examination if
the inspector reasonably believes that the animal requires
treatment;

· take other reasonable measures to alleviate the
animal’s suffering (for example, provide food and
drink);

· take action to ensure that any previously given
animal welfare direction is complied with (for example, where a
direction to provide adequate feed to drought affected stock was
not complied with, the inspector may organise a contractor to
supply and feed the stock at the place they are held during
seizure).

Clause 46: Offence to tamper with seized
thing

This clause provides that it is an offence for any
person, other than an inspector or a person authorised by an
inspector, to do or attempt to do, in relation to an animal or
seized thing under this part:

· tamper with it or something done to restrict
access to it;

· enter, or be at, the place where it is being
kept;

· move it from the place where it is being
kept;

· have the animal or other thing in the
person’s possession.

Subdivision 3—Safeguards for seized animal or
property

Under clause 47 an inspector is required to issue
a receipt and an information notice for any seized thing and give
the receipt and information notice to the person from whom it was
seized. However, the clause does not apply if:

· the seizure was by written consent;

· the inspector reasonably believes no one is in
possession of the thing;

· the thing has been abandoned; or

· the seized thing is not an animal and it would be
impractical or unreasonable to expect the inspector to account for
it given its nature, condition and value. This would apply to, for
example, animal droppings collected for evidence.

The receipt must generally describe each thing
seized and its condition. If the person is not present, the
inspector must leave the receipt and information notice at the
place of seizure in a conspicuous position and in a secure
way.

The inspector may delay giving the receipt and
information notice for as long as the inspector has reasonable
suspicion that to do otherwise may frustrate or hinder an
investigation.

Clause 48: Access to seized animal or
property

This clause requires an inspector who has seized
anything to allow the owner of the thing access to inspect it at
any reasonable time or, if it is a document, to copy it. The
section does not apply when it would be unreasonable to allow these
rights to the owner. The inspection or copying must be provided
free of charge.

Clause 49:
Return of seized animal

Under this clause the inspector is required to
return an animal seized under this part within 28 days
unless:

· the animal’s owner has agreed in writing to
transfer ownership to the State or a prescribed entity such as the
RSPCA;

· the animal has been forfeited to the State under
this part;

· an application has been made for a disposal or
prohibition order in relation to the animal;

· the inspector needs to retain the animal for
evidence in proceedings for an offence involving the animal (for
example, for the purposes of assessment);

· an animal welfare direction in regard to the
animal has not been complied with and the inspector is taking or
proposes to take action to ensure compliance; or

· the inspector reasonably believes that the
animal’s condition may require its destruction under clause
59.

The intention of this clause is to avoid the
prolonged seizure of animals and the resultant costs to parties
without compromising the welfare of the animals. For more marginal
welfare situations, the Bill provides alternative means to seizure
of addressing welfare needs through the issuing of animal welfare
directions.

Clause 50: Return of other seized
property

This clause provides for the return by an
inspector of a seized thing with some intrinsic value other than
where the owner has not agreed to transfer ownership to the state
or a prescribed entity or it has been forfeited.

Under the clause, the inspector must, unless an
application has been made for a disposal order:

· return the thing at the end of six months after
seizure; or

· if a proceeding has been commenced within six
months of seizure, at the end of the proceedings and any appeal
from the proceeding; or

· return the item as soon as the inspector is
satisfied the thing is no longer required as evidence or to prevent
the thing being used to continue or repeat the offence.

Subdivision 4—Forfeiture

Clause 51: Power to forfeit

This clause sets out the circumstances under which
a seized animal or other thing will be forfeited to the state, for
example:

· if the owner cannot be found, after making
reasonable inquiries;

· it cannot be returned to its owner after making
reasonable efforts; or

· it is necessary to prevent it from being used in
committing, or becoming the subject of, an animal welfare
offence.

The clause applies to animals or things seized
under this Bill. The intention is to establish a means of providing
for the safety of animals in more serious circumstances where it is
clearly not possible or not feasible to return the animal to their
owner. Forfeiture is designed to also avoid substantial costs that
may occur for both the owner and the enforcement agency of holding
seized animals.

Clause 52: Information notice about
forfeiture

This clause provides that if the chief executive
decides to forfeit an animal or other thing, the chief executive
must promptly give its owner an information notice. The information
notice will advise the owner of the animal or other thing that he
or she may apply for a stay of the decision if he or she appeals
the decision. The requirement to supply an information notice does
not apply where it relates to an animal seized in a public place or
other place where it is unlikely to be read by the person who owned
the animal before forfeiture (for example, where an animal seized
has roamed from an unknown place into a person’s
yard).

Subdivision 5—Dealing with property forfeited or
transferred to Commonwealth or

prescribed
entity

Clause 53:
When transfer takes effect

Under this clause there is provision for an animal
or a thing to become Commonwealth property when it is forfeited to
the Commonwealth or when the owner agrees in writing to transfer
ownership to the Commonwealth or a prescribed entity and the
Commonwealth or entity agrees to the transfer.

Clause 54: How property may be dealt
with

This clause details how an animal or other thing
may be dealt with if it becomes the property of the Commonwealth
under clause 53. The clause provides that the Commonwealth may deal
with the property as it sees fit including destroying it or giving
it away provided that the property is not dealt with in a way that
could prejudice the outcome of an appeal. If the property is sold,
the proceeds of the sale may be returned to the former owner after
deducting net proceeds of sale and allowing for any costs
recovered.

Clause 55: Appeal against
forfeiture

There is provision in this part for the owner of
the animal or the thing that has been forfeited to appeal to the
Chairperson of the National Animal Welfare Authority against that
forfeiture. The appeal must be in writing and must specify the
grounds on which the appeal is made.

Clause 56: Where a person makes an appeal in
accordance with section 55

This clause allows the Chairperson of the
Authority to consider expeditiously an appeal—either to
overturn the forfeiture or confirm the forfeiture. The person to be
notified will receive the decision in writing together with a
statement of reasons.

Division 6—Animal welfare
directions

Clause 57: Application of Division

Clause 57 covers the application of animal welfare
directions. Under this part an inspector has the power to give
directions about an animal’s welfare to a person in charge of
an animal.

The ability of inspectors to give directions is a
way to simplify enforcement of the legislation. It is a means of
achieving the best outcomes in many animal welfare situations for
the animals, their owners and the enforcement agency. Although
animal welfare directions can be used in conjunction with seizure
powers, they provide a way of avoiding taking an animal from their
owner in the appropriate situations. Animal welfare directions also
have educational value by indicating to persons in charge of
animals what they should be doing for the animal’s
welfare.

The part applies, and therefore directions may be
given where the inspector believes on reasonable grounds that the
animal:

· is not being cared for properly;

· is experiencing undue pain;

· requires veterinary treatment; or

· should not be used for work (for example, a horse
with saddle sore should not be used by a riding school);

· is seized under this Bill.

This is designed to cover situations such as where
an animal is not being provided with suitable feed or water, lives in unsanitary conditions or
is suffering from an untreated injury or illness.

Directions can be given in any circumstances and
not just where an inspector has exercised powers of entry into
places or vehicles. For example, an inspector can give written
directions on public roads or an
authorised officer can give a direction when exercising monitoring
powers.

Clause 58: Power to give animal welfare
direction

This clause sets out who may be given an animal
welfare direction and what action may be required under an animal
welfare direction. A direction may be given to a person in charge
of an animal, a person who an inspector reasonably believes is in
charge of an animal or was in charge immediately before the animal
was seized.

The steps the person in charge of the animal may
be required to do to rectify the problem include to:

· care for or treat the animal in the way specified
in the direction;

· provide the animal with the rest, food, drink or
living conditions specified in the direction; or

· consult a veterinary surgeon about the
animal’s condition;

· move the animal from the place where it is
situated to another place for the purposes mentioned above;
or

· not move the animal from the place where it is
situated.

Only requirements the inspector considers
necessary and reasonable in the interests of the animal’s
welfare may be specified in the direction.

Clause 59: Requirements for giving animal welfare
direction

This clause prescribes the requirements for giving
animal welfare directions. Directions must always be provided in
writing (in an approved form) unless this is not possible for some
good reason in which case an oral direction may be provided.
Written confirmation of any oral direction must be provided within
a reasonable period of time.

The direction may include a stated time or times
the inspector will reenter a place to check compliance with the
direction.

Clause 60: Failure to comply with animal welfare
direction

Failure to comply with a direction will be an
offence unless the person has a reasonable excuse.

Division 7—Inspector’s power to
destroy animals

Clause 61: Power of destruction

This clause gives inspectors the power to destroy
animals. It is recognised that the destruction of a person’s
animal seriously impacts on that person’s rights. Therefore,
an inspector is given the power to destroy an animal only
where:

· an inspector has seized the animal under this part
or the person in charge has given written consent to the
destruction; and

· the inspector reasonably believes that the animal
is suffering to such an extent that it would be cruel to keep the
animal alive.

Clause 62: Other duties

Under this clause an inspector is required to
maintain an inventory of all animals for which he/she has
responsibility, keep a record of activities, and regularly submit
an animal report to the National Animal Welfare
Authority.

Part 4—Animal welfare
offences

Division 1—Breach of duty of
care

Clause 63: Breach of duty of care
prohibited

This clause provides that a person in charge of an
animal owes a duty of care to it and must not breach that
duty—a breach of the duty will amount to an offence. A person
would breach the duty if the person failed to take reasonable steps
to provide the animal with food and water, suitable accommodation,
and treatment for disease or injury, or the person failed in the
appropriate handling of the animal.

To further ensure that legitimate and acceptable
animal use is not restricted or that unnecessarily harsh
consequences arise from the imposition of the duty of care, regard
must be had to the animal species, environment and circumstances of
the animal. This will determine what reasonable steps a person in
charge of animal should take to comply with their duty of care
obligation.

Division 2—Cruelty offences

Clause 64: Animal cruelty
prohibited

Provision is made under this clause for an offence
of cruelty towards an animal. The clause details what type of
conduct is regarded as cruelty for the purposes of the offence
without limiting what may amount to cruelty towards an animal. It
is not possible to exhaustively define the notion of cruelty. What
amounts to cruelty will often depend on the individual
circumstances of the animal in question and what the community
perceives as ‘cruel’.

Clause 65: Alleviation of pain

Under this clause provision is made for a person
who injures an animal (specifically those not in charge of the
injured animal) must not, without reasonable excuse, fail to take
reasonable steps (including, where appropriate, seeking veterinary
treatment) to alleviate any pain suffered by the animal. And a
person in charge of animal must not, without reasonable excuse,
fail to take adequate precautions to prevent the escape of the
animal from custody or control.

Division 3—Prohibited conduct

Clause 66: Unreasonable abandonment

This clause provides that it is an offence for a
person to abandon an animal without reasonable excuse or is
authorised by law to do so. This provision, in part, is designed to
ensure that persons do not simply abandon an animal that they have
responsibility for without making appropriate arrangements for the
animal’s care.

Clause 67: Prohibited release

Clause 67 defines what is meant by
‘intentional release’ and ‘unintentional
release’.

A person in charge of an animal must not
intentionally or unintentionally release an animal unless the
person has a reasonable excuse or the release is authorised by
law.

Clause 68: Causing captive animal to be injured or
killed by dog

This clause makes it an offence for a person to
knowingly cause an animal in captivity to be injured or killed by a
dog.

Clause 69: Releasing animal for injury or killing
by dog

Under this clause it is an offence to release an
animal for injury or killing by a dog. The clause also makes it an
offence, in circumstances where it is likely that an animal
released will be injured or killed by a dog, not to take reasonable
steps to prevent the killing or injury.

Clause 70: Keeping or using as kill or lure for
blooding or coursing

This clause makes it an offence for a person to
keep or use an animal as a lure or kill for blooding a dog or to
race or train a coursing dog (a dog that is used to chase or hunt
another animal).

Clause 71: Possession of prohibited trap or spur
unlawful

It is an offence under clause 71 to possess a
prohibited trap or spur. There are many traps regarded by the
community as inhumane as they cause considerable and unnecessary
suffering to animals.

A prohibited trap or spur includes:

· a trap which is prescribed by regulation to be
prohibited;

· a spur with sharpened or fixed rowels;

· a cockfighting spur cap.

It will not be an offence for a person to possess
any of the above where they have a reasonable excuse, for example,
the items are for a display or part of a collection and have been
rendered inoperable.

Clause 72: Use of prohibited trap or spur
unlawful

Under this clause it is an offence for a person to
use a prohibited trap or spur.

Clause 73: Baits and harmful
substances

Clause 73 prohibits a person from administering a
poisonous substance to an animal with the intention of injuring or
killing it.

Only those in possession of a permit, or those who
have been assessed, or who are under assessment under the EPBC by
PER or EIA—and it is apparent that there are no impacts
caused on threatened species, migratory birds, or any matters of
NES—and that the baits laced by hand are laid by approved
officers.

All baits are to be recorded and a register kept
of all laid and recovered baits. Auditing must include estimated
numbers of target species and deaths, and an estimate of non-target
species mortality.

The clause also makes it an offence for a person
to lay (deposit, distribute, leave or throw) a bait or poison with
the intention of injuring or killing an animal.

Clause 74: Unlawfully allowing an animal to injure
or kill another animal

It is an offence under clause 74 to unlawfully
allow an animal (the “first animal”) to injure or kill
another animal (the “second animal”). The offence will
occur when a person:

· has the first animal under the person’s
immediate supervision, (for example, when a person is in the
person’s home and knows the first animal, a dog is in the
backyard);

· was aware of the second animal’s presence
(for example, the person sees a koala enter the
backyard);

· ought reasonably to have suspected that the second
animal was immediately vulnerable (for example, the koala is in the
backyard on the ground);

· the second animal is likely to be injured or
killed by the first animal (for example, the koala is likely to be
injured by the dog); and

· does not take reasonable steps to prevent the
injury or killing (for example, by putting the dog on a
lead).

Clause 75: Cropping of dogs’
ears

This clause makes it an offence for a person to
crop a dog’s ears unless the person is a veterinary surgeon
who considers the cropping to be necessary in the interests of the
dog’s welfare.

Clause 76: Docking dogs’
tails

Under clause 76 it is an offence for a person
(other than a veterinary surgeon) to dock a dog’s tail, and
docking when performed must be undertaken by a veterinary surgeon,
and it can only be done so if the surgeon considers it to be in the
interests of the dog’s welfare.

Clause 77: Debarking operations

It is an offence under clause 77 for a person to
perform a debarking operation on a dog unless the person is a
veterinary surgeon who:

· considers the operation to be necessary in the
interests of the dog’s welfare; or

· has been given a relevant nuisance abatement
notice and considers the operation the only way to comply with the
notice without destroying the dog; or

· has been given an appropriate notice and the
surgeon reasonably considers the only way to stop the dog’s
barking from being a nuisance without destroying the dog, is to
perform the operation.

Clause 78: Removal of cats’
claws

Under clause 78 it is an offence for a person to
remove a cat’s claw unless the person is a veterinary surgeon
who considers the removal to be necessary in the interests of the
cat’s welfare, or in the interests of native
wildlife.

Clause 79: Docking tails of cattle or
horses

This clause makes it an offence for a person to
dock the tail of cattle or a horse unless the person is a
veterinary surgeon who considers the cropping to be necessary in
the interests of the cattle or horse’s welfare.

Clause 80: Use for certain scientific purposes
unlawful

It is an offence under clause 80 for a person,
without the written approval of the Authority, to conduct the test
commonly known as the Draize eye or skin irritancy test, or a
similar test, or conduct the test commonly known as the classical
LD 50 test, or a similar test, or use an animal for a scientific
purpose if the use involves a cosmetic, or a sunscreen product, or
an ingredient of a cosmetic or sunscreen product.

Division 4—Prohibited events

Clause 81: Meaning of prohibited
event

This clause defines the meaning of
“prohibited event”. Prohibited events are events the
community generally regards as totally unacceptable because the
events involve deliberate infliction of pain and suffering on an
animal and may result in the animal's death. Prohibited events
include:

· a bullfight or
organised event held for public entertainment in which a person
provokes a bull in a way that is likely to cause it to
charge;

· a cockfight or
dogfight or other event in which an animal fights, or is encouraged
to fight, with another animal;

· a canned hunt or
other event in which an animal is killed in an enclosure to obtain
a trophy;

· coursing or
another event in which an animal is released from captivity to be
hunted, injured or killed by another animal;

· an event in
which an animal is released from captivity to be hunted, or shot at
by a person;

· an
event prescribed under a regulation held for public enjoyment or
entertainment, with or without charge to anyone present, at which
anyone participating in the event causes an animal pain.

Clause 82: Participation in prohibited
event

This clause prohibits a person from participation
in a prohibited event. A person participates in a prohibited event
where the person organises, takes part in the organisation of,
permits to be organised, supplies animals to be used in or provides
the place for the prohibited event.

Clause 83: Presence at prohibited
event

It is an offence under clause 83 for a person to
be present at a prohibited event unless the person has a reasonable
excuse.

Division 5—Regulated conduct

Clause 84: Obligation to exercise closely confined
dogs

This clause makes it an offence to fail to
exercise or cause to be exercised a closely confined dog during
every 24 hour period either for a continuous period of at least 2
hours or for 2 separate periods of at least 1 hour each. In
deciding whether a dog is closely confined, regard must be had to
the dog’s age, physical condition and size as these factors
determine the exercise needs of the individual dog.

Clause 85: Feral animals or pests

Provision exists under clause 85 for an offence
exemption in respect of feral animals or pests. This clause has the
effect of permitting a person to do acts for the purposes of
controlling pests or feral animals provided the act:

· causes the animal as little pain as is
reasonable;

· satisfies any conditions prescribed by
regulation;

· does not involve the use of a prohibited trap or
spur; and

· does not damage or cause damage to eco-systems and
causes no harm or damage to non-target species.

Clause 86: Animals used to feed another
animal

Under clause 86 an offence exemption exists where
the act that constitutes an offence involves using an animal as
live food for another animal. The offence exemption will apply
where the person lawfully keeps both animals and the fed animal
will only eat the food animal if it is alive and is essential for
the fed animal’s survival. This section would apply, for
example, to certain species of raptor that will only eat live
food.

Part 5—Live Exports

Clause 87: Limitation on live
exports

Under clause 87 a person must not transport a live animal
for commercial purposes from Australia without a permit issued by
the National Animal Welfare Authority. This section has no
effect on the export provisions of the EPBC Wildlife
Act.

Clause 88: Export permits

Clause 88 details that a person must apply to the
Authority for a permit to transport live animals for commercial
purposes from Australia, and that an application must be made at
least 30 days before the proposed transportation.

A permit will only be granted if the Authority is
satisfied that:

· the applicant will comply with the provisions of
this section and with any code of practice for exporting live
animals approved by the Minister under the Regulations;
and

· the applicant will make all facilities to be used
in the transportation, including waiting areas to be used before
and after the transportation, available for inspection by an
inspector; and

· an inspector will be able to inspect the
facilities at the port of destination and if the animals are
exported for slaughter outside Australia the abattoirs to be
used for the slaughter of the animals; and

· the applicant will employ, for the purpose of the
transportation, the number of veterinary surgeons and competent
stockpersons decided by the Authority; and

· the applicant will allow an inspector to be
present at the loading and unloading of the animals; and

· the applicant will, if the Authority directs,
allow an inspector to accompany the transportation.

Export permits will not be granted to an applicant unless
the Authority is satisfied that the laws and codes of practice
relating to animal welfare that operate in the country to which the
animals are to be exported provide comparable animal welfare
standards and protection to the laws of Australia.

An Inspector may detain a vessel until all the
requirements for transportation are fulfilled.

Live export permits can be withdrawn by the Authority,
providing a written notice to the holder, if an animal keeper fails
to implement the provisions of this Act or to comply with any
approved code of practice for exporting live
animals.

If,
after granting a permit and before the transportation to which it
relates, the Authority ceases to be satisfied of any of the matters
specified, the Authority may, by written notice given to the
applicant, withdraw the permit.

Clause 89: Duties of veterinary
surgeons

Provision is made under clause 90 for a veterinary
surgeon accompanying a transportation of animals to keep records as
prescribed as to the welfare and comfort of the animals during the
transportation—these reports are to be submitted to the
Authority within 2 weeks of returning to
Australia.

The veterinarian report must include records of
animal deaths and their physical condition during the
transportation.

Clause 90: Liability

Under this clause the welfare of the animals
remains with the seller of the animals unless legally passed on to
an agent. Transfer of liability must be in writing and signed by
both the seller and the agent. Liability will remain with the
seller or his or her agent during the entire act of transportation
and up until the time of delivery.

A person identified as liable may show that
another person is liable for a particular act during transportation
should it result in the suffering or death of an animal. If
liability cannot be clearly placed with a particular person, the
liability must be jointly held by those persons against whom it can
be reasonably assumed that such a liability may
lie.

Part 6—Imports of animal products

Clause 91: Limitation on import of animal
products

This clause indicates that a person must not import animal
products without a permit issued by the Authority—it has no
effect on import provisions of the EPBC Wildlife Act.

Clause 92: Import permits

Clause 92 identifies that a person must apply to the
Authority for a permit to import animal products, and that the
application must be made at least 30 days before the proposed
importation.

The Authority will not issue an import permit to an
applicant unless the Authority is satisfied that the laws and codes
of practice relating to animal welfare that operate in the country
of origin of the animal products to be imported provide comparable
animal welfare standards and protection to the laws of
Australia.

Part 7—Labelling of animal
products

Clause
93: Authority to develop draft code of
practice

This clause details that not less than 3 years after the
commencement of this Act, the Authority must prepare and give to
the Minister for approval a draft code of practice in relation to
the labelling of animal products. The Authority will consult
with the community by inviting and considering written submissions
from members of the public, and by convening public meetings in
each state and internal territory on this issue.

Regulated labelling of animal products establishes a system
of labelling that provides consumers with information about the
methods used to produce animal products where those methods may
influence consumer choice because of their impact
on:

· animal welfare; or

· the health, safety, ethical or moral concerns or
religious beliefs of consumers.

The
draft code of practice will apply to both imported and domestic
products.

Part 8—Animals used for experimental
purposes

Clause 94: Definitions

In this Part:

animal means an invertebrate or vertebrate animal other than a
human being.

approved research is research approved under this Act.

pain refers to both psychological and physical pain and, in an
animal, is taken to be the same sensation that an average, well
human, having suffered the same trauma, would
experience.

research means a critical or scientific inquiry, study,
investigation or experimental test, including a procedure involving
interference with an animal’s condition of well-being, where
pain or distress is likely to occur.

research unit means premises on which animals are used in research and
includes premises used for collecting, assembling, breeding,
rearing or maintaining animals in connection with a research
unit. research unit operator means the person
responsible for a research unit.

research worker means a person actively involved in research.

supply unit means premises other than a research unit that are used for
the maintaining, breeding and rearing of animals and the collecting
and assembling of such pursuant to a contract between the operator
of the supply unit and the operator of a research
unit.

supply unit operator means the person responsible for a supply unit.

Clause
95—Offence to operate research unit or supply unit without a
licence

This clause defines that a person must not operate a
research unit or a supply unit without a licence under this
Part.

Clause
96—Offence to experiment with animals other than in
accordance with NHMRC code of practice

Under this clause a person is prohibited from conducting
experiments with animals other than in accordance with a code of
practice issued by the National Health and Medical Research
Council, specifically Australian Code of Practice for the Care
and Use of Animals for Scientific Purposes .

Clause 97—Matters of
responsibility

This clause describes the Authority’s
responsibilities in relation to the experimental use of
animals:

(a) the issuing of licences for approved
research to a research worker;

(b) the issuing of licences for the operation of
a supply unit;

(c) the issuing of licences for the operation of
a research unit;

(d) giving final approval and issuing licences
to all research projects funded by a Commonwealth Department or
program;

(a) giving final approval and issuing
licenses to all research projects funded by a corporation of the
kind mentioned in section 5 of this Act or an international
corporation;

(b) the submission of an annual report
to the Minister to disclose:

(i) the number of animals bred within
each research unit and the number purchased or obtained from
recognised suppliers in each year, broken down into the different
species bred or brought in, such record to include the names and
addresses of suppliers; and

(ii) the number of animals made available
for research each year, and the number of animals used by species;
and

(iii) the number of animals utilised for breeding
colony maintenance; and

(iv) the number of animals surplus to
requirements which were culled, and by what method;
and

(v) the number of deaths from disease or
from unexplained causes; and

(vi) the number of experiments and/or tests
on live whole animals during the preceding twelve months;
and

(vii) the number of experiments or tests on
live whole animals in which anaesthesia was administered;
and

(viii) the number of animals used per
category of experiment or test, for example, cancer research;
diagnostic procedures; medical and veterinary; standardisation of
drugs, sera and vaccines, safety testing of household products,
safety testing of cosmetics, testing of weapons, riot control and
defence devices, safety testing of agricultural products, safety
testing of industrial chemicals, toxicity testing of food additives
and behavioural research; and

(c) advising inspectors on any matter
relating to this Part; and

(d) assessing recommendations from
inspectors or research unit operators for revocation of licences,
and the revocation of such licences, temporarily or otherwise;
and

(h) reporting and making recommendations
regarding any extension of the use of animals by commercial
interests, recognising that strict controls are necessary where the
overall purpose of experiments is the pursuit of commercial
enterprise; and

(i) giving the Minister continuing help and
advice; and

(j) ensuring that the requirements of scientists
are assessed by a competent authority; and

(k) ensuring that the public is aware that
proposals for cruel experiments will be scrutinised;
and

(l) providing a panel of persons with expertise
in animal welfare and laboratory animal science to advise
licensees; and

(m) actively encouraging through grants and
incentive schemes, research into alternatives to animal
experimentation.

Clause
98: Data bank

Under
clause 98 the Authority will establish a data bank of all
experiments using animals carried out in both Australia and
overseas, and proceed to establish a data bank of alternatives to
these experiments using animals.

Clause
99: Licences

This clause sets out the criteria for applying to the
Authority for a licence:

· to operate a research unit; or

· to operate a supply unit; or

· to conduct a research project.

The
Authority will not grant a licence to a person unless the person
undertakes in writing to comply with the Australian Code of
Practice for the care and use of animals for scientific
purposes issued by the National Health and Medical Research
Council.

Note: It is an offence under section 94 to fail to comply
with the Code of Practice.

The
Authority will not grant a licence to operate a research unit
unless it is satisfied that the applicant will provide all pens,
cages, compounds, tools, implements, buildings and dietary
materials necessary to properly care for and handle animals in the
research unit in compliance with the cruelty provisions of this
Act.

The
Authority must not grant a licence to operate a supply unit unless
it is satisfied that the applicant:

· has proven experience in the proper care and
handling of animals; and

· possesses all pens, cages,
compounds, vehicles, tools, implements, buildings and dietary
materials necessary to properly care for and handle animals on his
or her premises as specified in the regulations; and

· has a veterinarian readily available
to provide care and regular inspections of the breeding and
maintenance premises.

Clause
100: Public notice of licences

This clause identifies that the Authority has a
responsibility to ensure that the notices of an application for a
licence are published in a newspaper circulating in the locality of
a research unit and in a different newspaper circulating
nationally. These notices must state the time when and place where
the Authority will meet to consider whether to grant the
licence.

Clause
101: Conditions of licences

Clause 101 sets out that a licence under this Part is
subject to such conditions as the Authority determines and
specifies in the licence.

Clause
102: Objections to licences

This clause requires entitles any person to appear
before the Authority to object to the proposed grant of a
licence.

Clause
103: Suspension or revocation of
licence

Clause 103 sets out the criteria by which the Authority may
suspend or revoke a licence to operate a research unit or a supply
unit if the Authority is satisfied, but only on the inspection and
recommendation of the inspector that:

· the operator has failed to comply with a condition
of the licence or this Act; or

· the operator has not properly maintained any of
the facilities, equipment or materials referred to in the
Regulations; or

· the operator or any person employed by, or
associated with, the operator in the research unit, has failed to
observe or carry out the provisions of this Act or some other law
relating to cruelty, maltreatment or neglect of
animals.

The
Authority may suspend or revoke another licence under this Part if
the operator has failed to comply with a condition of the
licence.

Clause
104: Acquisition of animals for research

Under this clause an operator of a research unit must not
purchase or otherwise acquire an animal from any person for use in
the research unit except from:

· the operator of a licensed research
unit; or

· the operator of a supply
unit.

Clause
105: Revoked licences

This clause permits the Authority to revoke a
licence to operate a research unit, denying the operator an
opportunity of gaining another licence for a period of one year
after the revocation. Operators included under this clause:
organisations and responsible individuals determined by the
Authority.

Clause
106: Management of pain

Under this clause an animal used in a research unit in any
experiment that is likely to cause pain to the animal must be
anaesthetised.

Operators of research units must provide analgesics
adequate to prevent an animal suffering pain during the period of
its recovery from any procedure used in any
experiment.

Clause
107: Notice of revocation, refusal or suspension of
licence

This clause allows the Authority to refuse to grant, or
propose to suspend or revoke a licence, but the Authority must give
notice to the applicant or licensee, together with written reasons
for its refusal or proposed suspension or
revocation.

Clause
108: Annual report of research unit operator

Under clause 108 the operator of a licensed research unit
must submit an annual report to the Authority
showing:

· the purpose of the experiment;
and

· the need (ie does it duplicate other
experiments and do the purposes justify it); and

· commercial interests involved in the
experiment; and

· the number of animals bred within
each unit and the number purchased or obtained from

· recognised suppliers in each year,
broken down into the different species bred or brought in,
including the names and addresses of suppliers;
and

· the number of animals made available
for research each year, and the number of animals used by species
e.g. horses, dogs, cats, rodents, etc.; and

· the number of animals utilised for
breeding colony maintenance; and

· the number of animals surplus to
requirements which were culled and by what method;
and

· the number of deaths from disease or
from unexplained causes; and

· the number of experiments or tests
on live whole animals during the preceding 12 months;
and

· the number of experiments or tests
on live whole animals in which anaesthesia was administered;
and

· the number of animals used per
category of experiment or test, e.g. cancer research, diagnostic
procedures, medical and veterinary, standardisation of drugs, sera
and vaccines, safety testing of household products, safety testing
of cosmetics, testing of weapons, riot control and defence devices,
safety testing of agricultural products, safety testing of
industrial chemicals, toxicity test of food additives, behavioural
research.

· a matter may be excluded from the
annual report an the basis of commercial in confidence only if the
information reveals a trade secret or details a process or product
under patent.

Clause
109: Annual report of supply unit operator

This clause sets out the criteria for an operator of a
supply unit in relation to their submission to the
Authority’s annual report, which must include:

· the number of each species bred;
and

· to whom the animals are sold or
forwarded; and

· the numbers of animals acquired by
each purchaser; and

· the numbers retained for breeding
colony maintenance and the numbers culled; and

· deaths from disease and from unknown
sources; and

· from where breeding animals are
obtained.

Clause
110: Register

Clause 110 allows for the Authority to keep a register of
persons using animals for scientific
purposes.

This may be kept in any way the Authority considers
appropriate, including, for example, in electronic
form.

Clause
111: Registration details

This clause requires that the register must state the
following for each registered person:

· the person’s name, address and
registered number;

· if the person is not an individual
the name of the principal executive officer of the registered
entity;

· other information prescribed under a
regulation.

· The register may include other information the
chief executive considers appropriate.

· The information recorded in the register for a
registered person is called the person’s registration
details.

Clause
112: Inspection of register

Under clause 112 the Authority must:

· keep the register open for
inspection, free of charge, by members of the public during office
hours on business days at the Authority’s office;
and

· allow a person to take extracts,
free of charge, from the register; and

· give a person a copy of the
register, or a part of it, on payment of the fee prescribed under a
regulation.

Clause
113: False representations about
registration

This clause requires that a person must not, in connection
with the use of an animal for a scientific purpose, intentionally
or recklessly falsely represent that the person or someone else is
a registered person.

Clause
114: Conditions for cancellation or
suspension

Under this clause the Authority may cancel or suspend a
person’s registration if:

· the registration was because of a
materially false or misleading representation or declaration, made
either orally or in writing;

· the person has not complied with a
registration condition;

· the person has not paid a fee
prescribed under this Act in relation to the
registration;

· if the person is an
individual:

(i) a disqualifying event happens in relation to
the individual; or

(ii) the individual becomes an undischarged
bankrupt or, as a debtor, takes advantage of any law about
bankruptcy or insolvent debtors;

· if the person is a
corporation:

(i) a disqualifying event happens in relation to
any of its executive officers or another corporation of which any
of its executive officers is, or has been, an executive officer;
or

(ii) it becomes insolvent as defined under the
Corporations Act, section 95A.

Part 9—Funding for animal research
etc.

Clause 115: Prohibition on research
funding

This clause allows the Commonwealth to refuse funding to
any organisation that uses animals for:

· research and development; or

· promotional activities;

unless the Minister is satisfied that the
organisation’s use of animals is consistent with the objects
of this Act and does not contravene any code of practice
established under the Regulations.

Under this clause all organisations that receive commercial
funding must publish all other funding sources. If an organisation
is in receipt of Commonwealth funding and/or funding from
Commonwealth sources, those sources of funding must be reported
with any application for Commonwealth funds and published in annual
reports.

Part 10 - Administrative Provisions

Division
1—Staff

Clause
116: Staff

This clause identifies that staff of the Authority are to
be engaged under the Public Service Act
1998 .

The
Authority’s Chairperson has all the powers of a Secretary
under the Public Service Act 1998 as they relate to the
branch of the Australian Public Service comprising the
Authority.

The
Authority may make arrangements with an authority of the
Commonwealth or of a State or Territory for the services of
officers of that authority to be made available for the purposes of
the Authority.

Clause
117: Consultants

This clause empowers the Authority to engage consultants to
assist it in the performance of its functions and the exercise of
its powers.

Division
2—Payments and application of money

Clause
118: Payments to the Authority

Under clause 118 there is payable to the Authority such
money as is appropriated by the Parliament for the purposes of the
Authority. The Authority may also be in receipt of money from a
State or Territory jurisdiction.

Clause
119: Application of money of the Authority

This clause identifies the purposes for which monies
received by the Authority can be expended, they include:

· in paying or discharging costs,
expenses and other obligations incurred in the performance of its
functions; and

· in paying remuneration and
allowances payable under this Act.

Clause
120: Estimates

Under this clause the Authority must prepare estimates, in
a form directed by the Minister, of its receipts and expenditure
for:

· each financial year;
and

· any other period specified by the
Minister

The
Authority must give the estimates to the Minister not later than a
day directed by the Minister, and monies spent must be done in
accordance with the estimates approved by the
Minister.

Division 3—Procedure of the Authority

Clause
121: Authority to regulate its procedure

This clause empowers the Chairperson of the Authority to
determine the procedure to be followed by the Authority.

Clause
122: Convening meetings

Under this clause the Authority Chairperson is required to
convene such meetings of the Authority as he or she thinks
necessary for the efficient performance of its
functions.

A
written request sent to the Authority Chairperson and signed by at
least 3 Authority members will facilitate the convening of an
Authority meeting.

Clause
123: Presiding at meetings

This clause details that the Chairperson is to preside at
all meetings at which he or she is present. Members present, in the
absence of the Chairperson, are to appoint a member to
preside.

Clause
124: Quorum

Under this clause 5 members constitute a quorum when the
Authority meets.

Clause
125: Voting at meetings

Clause 125 details that a question arising at a meeting is
to be decided by a majority of the votes of the members present and
voting. The person presiding at a meeting has a deliberative vote
but does not have a casting vote.

Clause
126: Conduct and records of meetings

This clause empowers the Authority, subject to this
Division, to decide on the procedure at meetings. Minutes are
to be kept of all Authority meetings.

Division 4—Administrative Provisions

Clause
127: Delegation

Under this clause the Authority may by instrument in
writing delegate all or any of its powers to a member or a member
of the staff of the Authority.

Clause
128: Remuneration and allowances

This clause details that members are to be paid the
remuneration and allowances determined by the Remuneration
Tribunal. If there is no determination in force, the member is to
be paid such remuneration as is prescribed.

A
member is to be paid such other allowances as are
prescribed.

Remuneration and allowances payable to the members are to
be paid out of money appropriated by the Parliament for the
purposes of the Authority.

Clause
129: Leave of absence

This clause details that member’s recreation leave
entitlements will be determined by the Remuneration Tribunal.
The Minister may grant a member leave of absence, other than
recreation leave, on such terms and conditions as to remuneration
or otherwise as the Minister determines.

Clause
130: Resignation

Under this clause a member may resign by sending a signed
notice of resignation to the Minister.

Clause
131: Disclosure of interests

Clause 131 identifies that a member who has a conflict of
interest in relation to a matter being considered or about to be
considered by the Authority must disclose the matters giving rise
to that conflict to the Authority as soon as possible after
becoming aware of the conflict.

The
member must not take part in the making of a decision by the
Authority in relation to the matter unless the Authority, in the
absence of the member, decides that there is no conflict of
interest.

For
the purposes of this section, a member has a conflict of interest
in relation to a matter being considered or about to be considered
if the member has any interest, pecuniary or otherwise, that could
conflict with the proper performance of the member’s
functions in relation to the matter.

Clause
132: Ceasing to be Chairperson

This clause details that should the Authority Chairperson
cease to be a member of the Authority, he or she then ceases to be
the Chairperson.

Clause
133: Termination of appointment

Under this clause the Minister may terminate the
appointment of a member for misbehaviour or physical or mental
incapacity.

The
Minister must terminate the appointment of a member
if:

· the member:

(i) becomes bankrupt; or

(ii) applies to take the benefit of any law for
the relief of bankrupt or insolvent debtors; or

(iii) compounds with his or her creditors;
or

(iv) makes an assignment of his or her
remuneration for the benefit of his or her creditors;
or

· the member is absent, without
reasonable excuse, from 3 consecutive meetings of the
Authority;

If a member is:

· an eligible employee for the
purposes of the Superannuation Act 1976 ; or

· a member of the superannuation
scheme established by deed under the Superannuation Act
1990 ;

the Minister may, with the member’s consent,
retire the member from office on the ground of
incapacity.

· In spite of anything in this Act, a member
who:

(a) is an eligible employee for the purposes of
the Superannuation Act 1976 ; and
(b) has not reached his or her retiring age within the meaning of
that Act;

cannot be retired from office on the ground of
invalidity within the meaning of Part IVA of that Act unless the
Commonwealth Superannuation Board of Trustees No. 2 has given a
certificate under section 54C of that Act.

· In spite of anything in this Act, a member
who:

(a) is a member of the superannuation scheme
established by deed under the Superannuation Act 1990 ;
and

(b) is under 60;

cannot be retired from office on the ground of
invalidity within the meaning of that Act unless the Commonwealth
Superannuation Board of Trustees No. 1 has given a certificate
under section 13 of that Act.

Clause
134: Acting appointments

This clause permits the Minister to appoint a
member:

· during a vacancy in that office,
whether or not an appointment has previously been made to the
office; or

· during a period, or during all
periods, when the holder of the office is absent from duty or from
Australia or is, for any reason, unable to perform the duties of
the office.

· Anything done by or in relation to a person
claiming to act under this section is not invalid merely
because:

o the occasion for the appointment had
not arisen; or

o there was a defect or irregularity
in connection with the appointment; or

o the appointment had ceased to have
effect; or

o the occasion to act had not arisen
or had ended.

Part 11—Miscellaneous

Clause
135: Regulations

Under this clause the Governor-General may make regulations
prescribing all matters:

· required or permitted by this Act to be
prescribed; or

· necessary or convenient to be prescribed for
carrying out or giving effect to this Act.

Regulations may prescribe civil or criminal penalties for
the breach of a regulation.

Schedule 1

This schedule establishes a National Animal Welfare System
and sets out the roles and responsibilities of key
parties.